John M. Becker

BREAKING: Federal Judge Upholds Puerto Rico Marriage Ban

Filed By John M. Becker | October 21, 2014 8:15 PM | comments

Filed in: Marriage Equality, Politics
Tags: gay marriage, marriage equality, Puerto Rico, same-sex marriage

puerto-rico-map.gifEquality on Trial reports:

Citing Baker v. Nelson and the First Circuit Court of Appeals decision striking down Section 3 of the federal Defense of Marriage Act (DOMA) a judge in Puerto Rico has dismissed a challenge to its same-sex marriage ban...

In that DOMA case, Massachusetts v. HHS, the First Circuit had said that Baker v. Nelson is binding precedent on the issue of whether there's a right to same-sex marriage; they then found that Baker didn't prevent them from ruling on DOMA, which didn't involve the states' regulation of marriage.

The Puerto Rico case can be appealed to the First Circuit, which hasn't had an opportunity to review challenges to same-sex marriage bans since all the states in that circuit allow same-sex marriage.

From the ruling:

Puerto Rico, acting through its legislature, remains free to shape its own marriage policy. In a system of limited constitutional self-government such as ours, this is the prudent outcome. The people and their elected representatives should debate the wisdom of redefining marriage. Judges should not.

Expect loud chest-thumping from the right in 3, 2, 1...

In a blistering press release, Lambda Legal and Puerto Rco LGBT organization Puerto Rico Para Tod@s have promised to appeal, calling the ruling "aberrant" and "outrageous."

A copy of the ruling is after the break, via Equality Case Files.

3:14-cv-01253 #58 by Equality Case Files

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